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action actual ages agreed agreement allowed amount appears applied Bank Barb benefit bill bond breach brought building cause charge Chicago circumstances claim compensation consequence consideration considered contract contract price conversion cost court death debt defendant defendant's delivered demand difference entitled estimated evidence execution expenses fact fixed furnish give given ground held injury interest judgment jury labor land less liable limited loss lost market value Mass measure of damages mitigation nature notice obtained officer opinion original owner paid party performance period person plaintiff principle profits proper proved purchaser question reasonable received recover recovery refused replevin result rule seems sheriff Smith sold statute suit sustained taken taking tion tort trespass trial verdict vessel whole wrongful York
688 페이지 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
423 페이지 - When contracts for the sale of chattels are broken by the vendor failing to deliver the property according to the terms of the bargain, it seems to be well settled, as a general rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
462 페이지 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
199 페이지 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
643 페이지 - Damages arising from mere sudden terror unaccompanied by any actual physical injury, but occasioning a nervous or mental shock, cannot, under such circumstances, their lordships think, be considered a consequence which, in the ordinary course of things, would flow from the negligence of the gatekeeper.
439 페이지 - Where a man contracts to deliver any article besides money, and fails to do it, the rule of damages is the value of the article at the time and place of delivery, and the interest for the delay.
642 페이지 - The proposition is that, although if an act of negligence produces such an effect upon particular structures of the body as at the moment to afford palpable evidence of physical injury, the relation of proximate cause and effect exists between such negligence and the injury, yet such relation cannot in law exist in the case of a similar act producing upon the same structures an effect which, at a subsequent time — say a week, a fortnight, or a month • — must result without any intervening cause...
688 페이지 - ... may fairly and reasonably be considered either as arising naturally — ie, according to the usual course of things — from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
328 페이지 - It is said that in those cases where the plaintiff has been permitted to recover there was an acceptance of what had been done. The answer is, that where the contract is to labor from day to day, for a certain period, the party for whom the labor is done in truth stipulates to receive it from day to day, as it is performed, and although the other may not eventually do all he has contracted to do, there has been, necessarily, an acceptance of what has been done in pursuance of the contract, and the...
686 페이지 - Of course, where the negligence of the telegraph company consists not in •delaying the transmission of the message, but in transmitting a message erroneously, so as to mislead the party to whom it is addressed, and on the faith of which he acts in the purchase or sale of property, the actual loss based upon changes In market value is clearly within the rule for estimating damages.